Senate Bill sb1246e1

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    CS for SB 1246                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to state reserves; creating s.

  3         258.166, F.S.; establishing the North Florida

  4         State Reserve; directing the Division of

  5         Recreation and Parks of the Department of

  6         Environmental Protection to develop

  7         multipurpose recreational opportunities and

  8         provide supervision of the area; allowing

  9         public hunting; authorizing the Division of

10         State Lands to acquire adjacent or contiguous

11         property; requiring the Division of State Lands

12         to notify persons with easements in the area;

13         requiring a report; authorizing and directing

14         the construction of certain facilities, subject

15         to appropriations; providing limitations on

16         certain funds; clarifying that certain existing

17         law relating to state lands is not abrogated;

18         providing an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 258.166, Florida Statutes, is

23  created to read:

24         258.166  North Florida State Reserve designated.--There

25  is designated and established a state reserve to be known as

26  North Florida State Reserve, in Marion and Putnam counties,

27  which shall include all state-owned lands within the

28  floodplain of the Oklawaha River and those hereafter acquired

29  by the state from Eureka Dam in Marion County to Buckman Lock

30  in Putnam County. Those lands are deemed and held to be a

31  state reserve, under the supervision of the Division of


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    CS for SB 1246                                 First Engrossed



  1  Recreation and Parks of the Department of Environmental

  2  Protection. The division is charged with the duty of providing

  3  for the development of multipurpose recreational opportunities

  4  at this reserve and the care, upkeep, maintenance, and

  5  beautification of the North Florida State Reserve including

  6  all those dams, locks, and other structures transferred by the

  7  federal government to the state.

  8         (1)  Public hunting is allowed in the state reserve as

  9  authorized by the Fish and Wildlife Conservation Commission.

10         (2)  The Division of State Lands of the Department of

11  Environmental Protection may acquire in the name of the Board

12  of Trustees of the Internal Improvement Trust Fund any

13  additional property adjacent or contiguous to the North

14  Florida State Reserve, from private owners or from the United

15  States Government for improved management and recreational

16  opportunities.

17         (3)  The Division of State Lands shall identify,

18  contact, and inform all property owners who entered into

19  easements located within the taking line of the Rodman

20  Reservoir of the designation of this area as a state reserve.

21         (4)  By January 1, 2002, the Division of State Lands

22  shall submit a report to the Executive Office of the Governor,

23  the President of the Senate, and the Speaker of the House of

24  Representatives which:

25         (a)  Identifies the entities that have an easement

26  within the taking line of the reservoir.

27         (b)  Indicates whether the holder of the easement is

28  willing to sell the easement.

29         (c)  Estimates the cost of acquiring the easements.

30         (d)  Identifies any additional issues resulting from

31  this designation.


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    CS for SB 1246                                 First Engrossed



  1         Section 2.  Subject to appropriations, the Department

  2  of Environmental Protection is authorized and directed to

  3  construct restroom facilities, a paved parking lot, small

  4  spectator bleachers, boat ramps, and a covered pavilion by

  5  that part of the Oklawaha River Basin which is located on the

  6  eastern shore of Lake Oklawaha, between the barge canal

  7  channel and the George Kirkpatrick Dam, on the southwest

  8  quarter of Section 37, Township 11 South, Range 25. Funds

  9  provided in the General Appropriations Act for fiscal year

10  2001-2002 shall be used for construction as directed in this

11  section regardless of whether the George Kirkpatrick Dam

12  remains in place, and moneys so appropriated may be used only

13  for the purposes expressed in this section. Furthermore, funds

14  made available in the General Appropriations Act for fiscal

15  year 2001-2002 for nutrient management and studies at the

16  Oklawaha River Basin may be expended only for such purposes if

17  funds made available in the General Appropriations Act for

18  fiscal year 2001-2002 for the construction activities

19  authorized in this section are also expended. If all permits

20  for the capital improvements authorized by this part are

21  sought with deliberate speed and without design to delay

22  obtaining the permits, no more than 50 percent of the funds

23  for the nutrient management or studies authorized in this part

24  shall be expended until all permits related to the capital

25  improvement projects in this act are obtained by the

26  department.

27         Section 3.  Neither Line Item 1808 of the 2001-2002

28  General Appropriations Act or any other provision of that act

29  nor the nutrient management or studies provided for in this

30  act authorizes any expenditure or action that would result in

31  the breeching of the George Kirkpatrick Dam in any manner.


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    CS for SB 1246                                 First Engrossed



  1  Furthermore, any drawdowns necessary to effectuate the

  2  nutrient management or studies must be minimized to the

  3  greatest extent possible and follow prescribed procedures for

  4  weed and water quality control, and the level of the reservoir

  5  as it existed prior to any drawdowns must be restored as

  6  expeditiously as possible.

  7         Section 4.  Nothing in this act abrogates the

  8  provisions in section 253.7829(6), Florida Statutes.

  9         Section 5.  This act shall take effect upon becoming a

10  law.

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